Kaushit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46737 of 2022 Arising Out of PS. Case No.-231 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== KAUSHIT KUMAR S/o Ram Dev Singh, R/o village- Ganga Prasad, P.S.- Barauni (Chakia O.P.), District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Saroj Shandilya, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Barauni (F.C.I.) P.S. Case No. 231 of 2022, registered for the offences punishable under Sections 25(1-B)a, 27, 35 of the Arms Act.

The informant, who is an S.I., got an information that the mob has caughthold two criminals and mob was assaulting them. On that information, the police reached there and they arrested the petitioner and co-accused, Vikash Kumar. A countrymade pistol was lying on the ground. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent, nothing was recovered from his possession, he has falsely been implicated in

Patna High Court CR. MISC. No.46737 of 2022(2) dt.07-12-2022 2/2 this case and he is under custody since 24.05.2022. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (F.C.I.) P.S. Case No. 231 of 2022,subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T